. ,                                                                   .   ,                       Republic of the Philippi...
profession, business or occupation habitually carry largesums of money or valuables.WHEREAS, Section 32 of Republic Act No...
subject to the same requirement as to wearing of uniforms      prescribed in the immediately preceding section unless     ...
be immediately transported directly to the Firearms and Explosives Office(FEO), Civil Security Group (CSG), PNP; and, (ii)...
Senior Officer designated by the AFP (not lower than      Grade 06) and the PNP, as members. The CBFSP shall be      assis...
license and firearm shall be kept in deposit with the FEO, CSG, PNPduring the election period.      Firearms licenses issu...
14. Internal Security Operations Group (ISOG) of the    Witness Protection, Security and Benefits Program of    the Depart...
28. Internal Security Division of the Bureau of the Treasury,            the Treasurer and Deputy Treasurers of the Philip...
3)    deployed by Private Security Agencies duly            licensed by the PNP;                 4)    deployed by Private...
AFP and AFP Major Service Commanders, Director Generals and SeniorOfficers of the PNP, all existing authority granting sec...
(b) For Protective Agents               KIND               MAKEIMODEL             CALIBER             Pistol              ...
agency to which the proposed security personnel and body guard     is affiliated and certified true copy of the Certificat...
4) Permit to operate and accreditation by the PNP;            5) Pay the application fee in the amount of P 50.00 for each...
agents of private detective agencies may be filed either at the CBFSP,RJSCC or PJSCC.          .       SEC 10. Guidelines ...
PNP or AFP personnel is hereby suspended only in so far as transferringor detailing them as security details to candidate,...
SEC. 13. Reportlig requirements. - The RJSCC shall submit tothe CBFSP a weekly report on the implementation of this Resolu...
Further, the same is without prejudice to the filing of the propercriminal and/or administrative charges.      Any public ...
SEC. 16. Effectivity and dissemination. - This Resolution shalltake effect on the seventh (7th) day after its publication ...
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Com res 9561-a (2)

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Transcript of "Com res 9561-a (2)"

  1. 1. . , . , Republic of the Philippines COMMISSION ON ManilaRULES AND REGULATIONS ON: BRILLANTES, Sixto, Jr., S , . Chairman(1) THE BAN ON BEARING, SARMIENTO, Rene V. Commissione TAGLE, Lucenito N.CARRYING OR TRANSPORTING VELASCO, Armando C. CommissionerOF FIREARMS OR OTHER YUSOPH, Elias R. ComtnissionDEADLY WEAPONS; AND (2) LIM, Christian Robert S., CommissionTHE EMPLOYMENT, AVAILMENT PADACA, Ma. Gracia Cielo, M. CommissionqOR ENGAGEMENT OF THESERVICES OF SECURITYPERSONNEL OR BODYGUARDSDURING THE ELECTIONPERIOD FOR THE MAY 13, 2013AUTOMATED SYNCHRONIZEDNATIONAL, LOCAL ELECTIONSAND ARMM REGIONALELECTIONS, AS AMENDED. WHEREAS, Section 261 (q) of the Omnibus Election Code (8. P. Blg. 881) provides: "Sec. 261. Prohibited Acts. - The following shall be guilty of an election offense:" "(q) Carrying firearms outside residence or place of business, - Any person who, although possessing a permit to carry firearms, carries any firearms outside his residence or place of business during the election period, unless authorized in writing by the Commission: Provided, That a motor vehicle, water or air craft shall not be considered a residence or place of business or extension hereof. This prohibition shall not apply to cashiers and disbursing officers while in the performance of their duties or to persons who by nature of their official duties, 4. I
  2. 2. profession, business or occupation habitually carry largesums of money or valuables.WHEREAS, Section 32 of Republic Act No. 7166 provides: "Sec. 32, Who May Bear Firearms. - During theelection period, no person shall bear, carry or transportfirearms or other deadly weapons in public places, includingany building, street, park, private vehicle or publicconveyance, even if licensed to possess or carry the same,unless authorized in writing by the Commission. Theissuance of firearms license shall be suspended during theelection period. Only regular members of the Philippine NationalPolice, the Armed Forcescof the Philippines and other lawenforcement agencies of the Government who are dulydeputized in writing by the Commission for election dutymay be authorized to carry and possess firearms during theelection period: Provided, That, when in the possession offirearms, the deputized law enforcement officer must be:(a) in full uniform showing clearly and legibly his name,rank and serial number, which shall remain visible at alltimes, and (b) in the actual performance of his election dutyin the specific area designated by the Commission."WHEREAS, Section 33 of the same Act provides: "Sec. 33. Security Personnel and Bodyguards. -During the election period, no candidate for public office,including incumbent public offices seeking election to anypublic office, shall employ, avail himself of or engage theservices of security personnel or bodyguards, whether ornot such bodyguards are regular members of the PhilippineNational Police, the Armed Forces of the Philip,pinesor otherlaw agency of the Government: Provided, That whencircumstances warrant, including but not limited to threatsto life and security of a candidate, he may be assigned bythe Commission, upon due application, regular members ofthe Philippine National Police, the Armed Forces of thePhilippines or other law enforcement agency who shallprovide him security for the duration of the election period.The officers assigned for security duty to a candidate shall Jf - 3
  3. 3. subject to the same requirement as to wearing of uniforms prescribed in the immediately preceding section unless exempted in writing by the Commission. I f at any time during the election period, the ground for which the authority to engage the services of security personnel has been granted shall cease to exist or for any other valid cause, the Commission shall revoke the said authority." e WHEREAS, it is the policy of the Commission to strictly enforceSection 261 (q) of the Omnibus Election Code as well as Sections 32 and33 of Republic Act No. 7166; NOW, THEREFORE, pursuant to the power vested in it by theConstitution, the Omnibus Election Code (B.P. 881), Republic Acts No.6646, 7166 and other election,laws,l the Commission RESOLVED, as ithereby RESOLVES, to promulgate the following rules and regulations toimplement Section 261 (q) of the Omnibus Election Code and Sections32 and 33 of Republic Act No. 7166 in connection with the May 13, 2013automated national and local elections. SECTION 1 General Guiding Principles. - During the election .period: (a) no person shall bear, carry or transport firearms or otherdeadly weapons outside his residence or place of business, and in publicplaces including any buildings, streets, parks, and private vehicles orpubl-ic conveyances, even if licensed to possess or to carry the same;and (b) no candidate for public office, including incumbent publicofficers seeking election to any public office, shall employ, avail himselfof or engage the services of security personnel or bodyguards, whetheror not such bodyguards are regular members or officers of the PhilippineNational Police (PNP), the Armed Forces of the Philippines (AFP) or otherlaw enforcement agency of the government. (c) The transport of firearms and/or its spare parts and, explosivesand/or its components, by those who are engaged in the manufacture,importation, exportation, purchase, sale of firearms and/or its spareparts and explosives and/or its components, may, with prior writtenauthority from the Committee (CBFSP), be allowed, provided that withinthe period stated in the authority: (i) the firearms and/or its spare parts 4 3
  4. 4. be immediately transported directly to the Firearms and Explosives Office(FEO), Civil Security Group (CSG), PNP; and, (ii) the explosives and/or itscomponents be immediately transported directly to the ownersexplosives magazinelstorage facility. (d) The transport or delivery of the raw materials used in themanufacturing of firearms and/or its spare parts, explosives and theircomponents, may, with prior written authority from the Committee(CBFSP), be allowed, Provided that the same are immediatelytransported by the authorized dealer, within the period stated in theauthority, directly to the explosives magazinelstorage facility of thelicensed manufacturer. SEC. 2. Definition of Terms. -As used in this Resolution: (a) Election Period refers to the election period prescribed in Comelec Resolution No. 9385 promulgated on 03 April 2012 which is from January 13, 2013 to June 12, 2013. I (b) Firearm shall refer to the "firearm" as defined in existing laws, rules and regulations. The term shall include airguns, airsoft guns, and replicas/imitations of firearms in whatever form that can cause an ordinary person to believe that they are real; (c) Deadly weapon includes bladed instrument, hand grenades or other explosives, except pyrotechnics. A bladed instrument is not covered by the prohibition when possession of the bladed instrument is necessary to the occupation of the possessor or when it is used as a tool for legitimate activity. (d) Committee on the Ban on Firearms and Security Personnel (CBFSP) refers to the Committee in the Commission on Elections which shall be responsible for the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel. It will exercise operational control and supervision on the Regional Joint Security Control Center (RJSCC) and the Provincial Joint Security Control Center (PJSCC). It shall be headed by Hon. Commissioner Elias R. Yusoph as Chairman, and a 4- 4
  5. 5. Senior Officer designated by the AFP (not lower than Grade 06) and the PNP, as members. The CBFSP shall be assisted by a Secretariat composed of representatives from the Commission, the AFP and the PNP. The Secretariat shall be headed by a Senior Lawyer of the Law Department of the Commission. (e) Regional Joint Security Control Center (RJSCC) refers to the organization in the region which shall be responsible for the issuance of temporary security details (TSDs) and the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel in the region. It shall be headed by the Regional Election Director as Chairman, and the Regional Director from the PNP and the Division or Brigade Commander whoever is present in the area and as may be designated by the AFP. The RJSCC shall be assisted by a Secretariat composed of two (2) representatives each from the Office of the Regional Election Director, the Regional Police Office and the AFP Batallion. (f) Provincial Joint Security Control Center (PJSCC) refers to the organization which be responsible for the reception and evaluation of applications, issuance of temporary security details, and the implementation of the ban on the bearing, carrying or transporting of firearms and the employment, availment or engagement of security personnel in the province. The PJSCC shall be headed by - the Provincial Election Supervisor as Chairman, the Provincial Director from the PNP and the Battalion Commander of the AFP or the highest ranking officer in the area as may be designated. The PJSCC shall be assisted by a Secretariat composed of one (1) representative each from the Ofice of the Provincial Election Supervisor, the Police Provincial Office and the AFP assigned in tlie Province. SEC. 3. Suspension of Issuance of Firearms Licenses. -Except for the renewal of existing firearms licenses, the PNP shallsuspend the issuance, processing, approval and release of firearmslicenses during the election period, unless (i) both the license andfirearm shall not be released to the owner thereof; and that said (ii) 1.4 5
  6. 6. license and firearm shall be kept in deposit with the FEO, CSG, PNPduring the election period. Firearms licenses issued in violation of this Section are null andvoid, without prejudice to the filing of the appropriate administrativeand/or criminal charges against the holder or those responsible for theissuance of the license. * SEC. 4. Who May Bear Firearms. - Only the following personsare authorized to bear, carry or transport firearms or other deadlyweapons during the election period: (a) Regular Uniformed Officers and Members of the PNP; Commissioned Officers (COs), Non-Commissioned Officers (NCOs) and Enlisted Personnel (EP) of the AFP; I t (b) Reaular officers. members, and agents of the following agencies of the government who are actuallv performing law enforcement and/or securitv functions: I. National Bureau of Investigation (NBI); 2. Bureau of Corrections (BuCor), Department of Justice; 3. Bureau of Jail Management and Penology (BJMP); 4. (a) Intelligence Division and (b) Investigation Division of the Intelligence and Investigation Service; and the (c) Customs Police Division of the Enforcement and Security Service; of the Bureau of Customs; 5. Port Police Department, Philippine Ports Authority; 6. Philippine Economic Zone Authority police forces; 7. Government Guard Forces regulated by the PNP under RA No. 5487; 8. (a) Law and Investigation Division and (b) Intelligence Division of the Bureau of Immigration; 9. Manila International Airport Authority Police Force; 10. Mactan-Cebu International Airport Authority .Police Force; 1 . Law Enforcement Service of the Land Transportation 1 Office; 12. Philippine Coast Guard; 13. Cebu Port Authority Police Force; h u$
  7. 7. 14. Internal Security Operations Group (ISOG) of the Witness Protection, Security and Benefits Program of the Department of Justice;15. Enforcement and Investigation Division, Optical Media Board;16. (a) The Security Investigation and Transport Department (SITD), (b) Cash Department and (c) the Office of Special Investigation (OSI), Branch Operations, of the Bangko Sentral ng Pilipinas;17. Offices of the Sergeant-At-Arms (OSAA) of (a) the Senate and (b) the House of Representatives, including the OSAA designated security escorts of Senators and Congressmen;18. Inspection Service of the Philippine Postal Corporation;19. Members of the Cqmmission on Elections, Directors and Lawyers in the Main Office of the Commission, Regional Election Directors, Assistant Regional Election Directors, Chiefs-of-Staff of the Offices of the Chairman and Commissioners, Provincial Election Supervisors, Regional Attorneys and Election Officers, and Organic Security Officers of the Commission on Elections;20. Inspection, Monitoring and Investigation Service of the National Police Commission;21. Special Action and Investigation Division, Forest Officers defined under PD No. 705, Forest/Park Rangers, Wildlife Officers, and Forest Protection and Law Enforcement Officers of the Department of Environment and Natural Resources under DAO No. 1997-32;22. Intelligence and Security Unit, Office of the Secretary, Department of Foreign Affairs;23. Philippine Drug Enforcement Agency;24. Philippine Center for Transnational Crime;25. National Intelligence Coordinating Agency;26. Civilian Armed Forces Geographical Units Active Auxiliaries and Special Civilian Armed fZorces Geographical Units Active Auxiliaries already constituted upon the effectivity of this Resolution while within the barracks;27. Presidential Security Group; 4-
  8. 8. 28. Internal Security Division of the Bureau of the Treasury, the Treasurer and Deputy Treasurers of the Philippines; 29. Internal Security of the Office of the Vice-President; 30. Internal Security of the Office of the Secretary of the Interior and Local Government; 31. Internal Security of the Office of the Secretary of the Department of National Defense. 32. State, Regional, Provincial and City Prosecutors of the Department of Justice. Provided that when in the possession of firearms, they are: ( 1 in the regular plantilla of the said agencies and are receiving regular compensation for the services rendered in said agencies; , I (2) in the agency-prescribed uniform showing clearly and legibly the name, rank and serial number or, in case rank and serial number are inapplicable, the agency-issued identification card showing clearly the name and position, which shall remain visible at all times; (3) duly authorized to possess firearm and to carry the same outside of residence by means of a valid permit to carry or by virtue of a valid mission order or letter order; and (4) in the actual performance of official law enforcement and/or security duty, or in going to or returning from his residencelbarracks or official station.(c) Members of privately-owned or operated security, investigative, protective or intelligence agencies; Provided, that when in the possession of firearm, they are: I) in the agency-prescribed uniform with the agency-issued identification card prominently displayed and visible at all times, showing clearly the name and position; 2) in possession of a valid License to Exercise Security Profession (LESP) with Duty Detail Order (DDO) for security guards or Special Duty Detail Order (SDDO) for protection agents, and valid firearms license of the agency where they are employed. bK 8
  9. 9. 3) deployed by Private Security Agencies duly licensed by the PNP; 4) deployed by Private Detective Agencies or Private Security Agencies duly licensed/accredited by the PNP, in case of Protection Agents; and 5) in the actual performance of duty at his specified place or area of duty. * (d) Justices of the Supreme Court, Court of Appeals, Sandiganbayan, and Court of Tax Appeal; and Judges of the Regional Trial courts and Municipal/ Metropolitan/Circuit Trial Courts; and (e) Security personnel of accredited foreign diplomatic corps and establishments under international law including foreign military personnel in the Philippines covered by existing treaties and international agreements endorsed by the Secretary of the Department of Foreign Affairs and the Heads of Missions of foreign countries in the Philippines. SEC. 5. Suspension of permits to carry fiearms outsideresidence and issi~anceof mission orders and memorandumreceipt.. - From 03 December 2012, the Committee has the sole powerto issue authority to bear, carry or transport firearms, including its spareparts, explosives arid its components, outside residence and place ofbusiness,in the country. Hence, any Permit to Carry Firearms Outside Residence (PTCFOR),Mission Order (MO), Letter Order (LO) and Acknowledgement Receipts(ARE) issued by the Chief, PNP or his duly authorized representative orany other head of government law enforcement/security agencies, priorto or are processed and issued during the election period, are herebydeclared suspended, ineffective, and without force and effect,unless properly covered by Certificates of Authority duly issued by theCBFSP. SEC. 6. Who may avail of security personnel orbodyguards, - Except those constituting the regular security personnelcomplement of the President, Vice President, Senators who are notrunning for re-election, Justices, Judges, Cabinet Secretaries, Chairmanand Commissioners of the Commission on Elections, Chief of Staff of the X,
  10. 10. AFP and AFP Major Service Commanders, Director Generals and SeniorOfficers of the PNP, all existing authority granting security personnel orbodyguards to carry firearms are hereby revoked at the start of theelection period. When circumstances warrant, including but not limited to threatsto life and security, a candidate or his immediate family within thesecond degree of consanguinity or affinity, may, upon application, beassigned a maximum of two (2) swurity personnel or bodyguards asfollows: (a) Candidates for Senator, may, upon application, be assignedregular members of the PNP or the AFP, or the National Bureau ofInvestigation, and as augmentation, duly licensed/authorized ProtectiveAgents of Private Detective Agencies or Accredited Private SecurityAgencies, to provide security, for the duration of the election period.However, additional security details from Protective Detective Agencies(PDAs) which should not be more than the allowable number of PNP,AFP or members of the law enforcement personnel assigned. (b) Candidates for all other Local Elective Positions, may, uponapplication, be authorized to employ, avail and engage the services of nomore than two (2) duly licensed/authorized Protective Agents of PrivateDetective Agencies or Accredited Private Security Agencies, to act astheir security personnel or bodyguards within the duration of the electionperiod. This limit notwithstanding, the CBFSP may increase the number ofsecurity details assigned to an applicant when the circumstanceswarrant. Security details are allowed to carry two (2) firearms, one shortand one long or two short with the following specifications: (a) For Uniformed Personnel KIND MAKEJMODEL CALIBER Pistol Any .380 cal, 9nin1, 40 cal and 45 cal Revolver Any 38 cal and 357 cal SMG Any 9mni and 40 cal High Powered Riffle Any 5.56 cal Without grenade launcher Without 4 " magnification Lens Magazine Fed only
  11. 11. (b) For Protective Agents KIND MAKEIMODEL CALIBER Pistol Any 9mm Shotgun Any 12 gauge The CBFSP shall not approve applications where the securitydetails will carry more than two (2) firearms and the caliber is higherthan the above-specified. * All security details and PDAs are required to use their prescribeduniform while in the performance of their duties. Grantees may be allowed to replace their security details providedit is with the prior approval of the CBFSP and upon payment of Php500.00 filing fee. The affected officials or individuals may continue to avail of orengage the services of security personnel or bodyguard, provided thatthey shall apply for the authority to bear, carry or transport firearms orto avail of or to engage security personnel, as the case may be, asprovided in the preceding Sections hereof. Provided further, that thesecurity personnel or bodyguard is a member of protectivedetective/security agency and has completed the required VIP trainingcourse. SEC. 7. Who are authorized to submit the requirements forthe authority to bear, carry or transport of firearms or fileapplications for authority for the employmenf, availment orengagement of security personnel and body guard. - Thefollowing are authorized to to submit the requirements for the authorityto bear, carry or transport of firearms or file applications for authority forthe employment, availment or engagement of security personnel andbody guard: (a) Only the heads of agencies or his authorized representative enumerated under Sec. 4 hereof shall submit the requirements before the CBFSP. (b) Candidates, who wish to employ, avail of or engage the services of security personnel or bodyguard. (c) Incumbent public officers, in case of employment, availment or engagement of security personnel and body guard. The applicant shall submit the name of the protective security d "
  12. 12. agency to which the proposed security personnel and body guard is affiliated and certified true copy of the Certificate of Completion of VIP training course attended by the proposed security/bodyguard. SEC. 8. Requirements for the authority to bear, carry ortranspott of mearms or for applications for authority for theemploymenf, availment or engagement of security personneland body guard. - For the authdrity to bear, carry or transport offirearms, the following are required: (a) For Sec. 4 subparagraphs (a), (b) and (d), not later than 30 November 2012: 1 Duly accomplished CBFSP Form No. 1 in three (3) copies. ) 2) One CD containing the koster of personnel; 3) Certified copies of current and valid firearms license and permit to carry firearm outside of residence issued by the PNP or the memorandum receipts or letter order as the case may be; 4) Colored 4" x 5" picture, with description, of the authorized uniform of the office; and 5) Certification under oath that the persons named therein are in the regular plantilla of the Agency, performing actual law enforcement and/or functions and are receiving regular compensation for the services rendered in the said agency and that the firearms described are duly registered firearms. (b) For Security, Protective, Investigative, Detective Agencies or Protection Agents of Private Detective Agencies provided under Sec. 4 subparagraph (c), not later than 03 December 2012, shall submit to the concerned PJSCC in the province or in the FUSCC in case of the NCR, the following: 1) Duly accomplished CBFSP Form No. I in tliree (3) copies. 2) One CD containing the roster of personnel; 3) Colored 4" x 5" picture, with description, of the authorized uniform of the office; 4 12
  13. 13. 4) Permit to operate and accreditation by the PNP; 5) Pay the application fee in the amount of P 50.00 for each personnel listed in the list; and 6) Certification under oath that the persons named therein are in the regular plantilla of the Agency, performing law enforcement functions and are receiving regular compensation for the services rendered in the said agency and that the firearms described are duly registered firearms. (c) For those who will apply for authorityfor the employment, availment or engagement of security personneland bodyguard, the following are required. 1 Duly accomplished application form CBFSP Form No. 2, in ) three (3) copies, stating therein his full name, employment, office he is presently occupying, his residence and the reasons or circumstances for the application and must be subscribed before a notary public or any administering officer. 2) Threat assessment or such document to support the existence of threat, if any; and 3) Pay a filing fee of Php 5,000.00 for each application. 4) Name and contact number of the protective security agency to which the proposed security personnel and body guard is affiliated. 5) Certified true copy of the Certificate of Completion of VIP training course attended by the proposed security/bodyg~iard. 6) Special Duty Detail Order (SDDO). SEC. 9. Where to file the application for employment, availment or engagement of security personnel and body guard including compliance of government guard forces and provincialjails, security protective, investigative, intelligence agencies or protective agents of private detective agencies. - Applications foremployment, availment or engagement of security personnel and bodyguard including compliance of government guard forces and provincialjails, security protective, investigative, intelligence agencies or protective 13
  14. 14. agents of private detective agencies may be filed either at the CBFSP,RJSCC or PJSCC. . SEC 10. Guidelines for securit~ protective, investigative,or detective agencies. - For orderly implementation of the ban onfirearms, the following guidelines are hereby provided for security,protective, investigative, or intelligence agencies: 1. For single the security guard assigned is prohibited to transport his firearm from duty area to his residence; 2. Firearms stationed in armored trucks are exempted provided they are duly licensed agency-issued firearms and being used during the regular course of business of the security agencies; 3. I n case of newt posting or termination of posting which entail the transport of firearms to the area of assignment or return of firearms to the security agencys office, the security agency may be granted permission to transport the firearms on a one- time, one-way basis only upon prior notice to the CBFSP or to the concerned RJSCC. - SEC. 11. Procedure. Within five (5) days from receipt of theapplication, the CBFSP, RJSCC or PJSCC shall refer the matter to the AFPand the PNP which shall immediately conduct a threat or securityassessment. Within five (5) days from referral, the AFP and PNP shallsubmit its assessment with a recommendation on whether to grant ornot to grant the request. I n case of applications filed at the PJSCC, itshall transmit the applications and the security assessment to the RJSCCcopy furnished the CBFSP within twenty-four (24) hours from receipt ofthe threat assessment. Based on the assessment and recommendation submitted to it bythe PJSCC, the RJSCC shall grant or deny the request or may request fora reassessment. I n case of grant, the RlSCC may issue a thirty (30) daynon-extendible Temporary Security Detail (TSD). Within five (5) daysfrom issuance of the TSD, the RlSCC shall forward the application, itssupporting documents including the TSD, if any. For applications filed at the CBFSP, it may authorize the RegionalDirector of the PNP or the AFP or the National Bureau of Investigation toassign not more than two (2) of its regular members as securitypersonnel. For this purposes, the prohibition on the transfer or detail of 4- 14
  15. 15. PNP or AFP personnel is hereby suspended only in so far as transferringor detailing them as security details to candidate, including incumbentpublic officer, or any public officer or private individual. Upon request and when the threat assessment warrants, theCBFSP may authorize the assignment of additional two (2) ProtectiveAgents as close-in security. I n exceptionally meritorious cir~umstances,applicants may requestthe CBFSP for additional security subject to such conditions andrestrictions that the CBFSP may impose. The authority shall be in writing and in three (3) copies. Theoriginal shall be given to the office which will provide the securitypersonnel. The second shall be retained by the CBFSP. The third shall begiven to the applicant. I I I n case of disapproval of the request, the CBFSP shall notify theapplicant. The notice shall be in writing. The applicant may appeal thedisapproval to the CBFSP. As far as practicable, the security personnel to be assigned shallcome from the same unit or office in the same city, municipality, district,or province. The officers assigned for security duty to a candidate shall besubject to the same requirements as to the wearing of uniforms and theother conditions imposed in Section 4 hereof. I f at any time the ground for which the authority to engage theservices of security personnel ceases to exist, or for any valid cause, theCBFSP shall revoke the authority granted. SEC. 12. Security details. - The CBFSP or RlSCC shall issue therequired Security Detail Authority to all applicants currently beingprotected and secured by the PNP, AFP, other law enforcement agenciesand security agencies. Likewise, the RJSCC may issue a thirty (30) daynon-extendible Temporary Security Detail (TSD), upon filing of theapplications, the submission of the existing threat assessments and thepayment of the required fee. All applications, threat assessments, including the TSDs issued bythe RJSCC shall be forwarded to the CBFSP within five (5) days fromissuance thereof for its appropriate action. & L I5
  16. 16. SEC. 13. Reportlig requirements. - The RJSCC shall submit tothe CBFSP a weekly report on the implementation of this Resolution,which shall include the following: (a) Current status of the enforcement (i.e. number of arrests, names of persons involved, number of confiscated firearms, categorized into licensed or unlicensed) of the ban on firearms and security personnel; (b) The peace and order situation in various parts of the country, including insurgency, the existence and size of private armies, the intensity of political rivalries and other circumstances, that may affect the conduct of the elections; and (c) Inventory of the Temporary Security Detail (TSD) and the list of firearms issued. The CBFSP shall consolidate all weekly reports submitted by RJSCC and submit the same to the Commission en banc. SE C. 14. Enforcement, Prohibition and Penalties. . - Anymember of the law enforcement /security agencies enumerated in Sec. 4hereof, who are not wearing the authorized uniform, display their agencyissued identification cards mentioned herein, bears, carries or transportsfirearm or other deadly weapon, and who do not possess the requiredCertificate of Authority from the CBFSP shall be presumed unauthorizedto carry firearms and subject for arrest. Any violation of this resolution shall be punished withimprisonment of not less than one (1) year but not more than six (6)years and shall not be subject to probation. In addition, the guilty partyshall be sentenced to suffer permanent disqualification to hold publicoffice and deprivation of the right of suffrage. I f he is a foreigner, heshall be sentenced to deportation which shall be enforced after theprison term has been served. This is without prejudice to the cancellation by the Chief, PhilippineNational Police, of the violators firearms license and permit to carryfirearm outside residence if any, and the perpetual revocation of theprivilege to secure similar license or permit in the future. For government employees, perpetual disqualification to possessgovernment owned and issued firearms shall be imposed upon them. 0- 16 6
  17. 17. Further, the same is without prejudice to the filing of the propercriminal and/or administrative charges. Any public officer who falsely certify under oath that the personsnamed in the roster are in the regular plantilla of the Agency, performinglaw enforcement functions and are receiving regular compensation forthe services rendered in the said agency and that the firearms describedare duly registered firearms shall ,be criminally and administrativelycharged. SEC. 15. Requirements for certified true copy of certificateof authority, - Photocopies of the Certificates of Authority shall onlybe valid if they are: I. certified as true ciopieslof the record on file by the CBFSP; 2. printed on Comelec security paper; 3. stamped with Comelec dry seal; 4. affixed with security sticker; and 5. covered in the original by official receipts of the Comelec. Certified true copies of the Agencys Certificate of Authority may besecured upon: (a) payment of legal fee with the Comelec Cash Division in theamount of One Hundred Pesos (Php 100.00) for the first page and TwoPesos (Php 2.00) for every succeeding page per issuance of a CertifiedTrue Copy of File on Record of the Agencys Certificate of Authority; and (b) submission by the Head of the requesting agency together withits Chief of Personnel Division (or its equivalent) a certification underoath stating: 1. which unit and personnel within their agency is authorized to be issued said certified true copies of their respective agencys Certificates of Authority; and 2. that the roster of personnel accompanying said request for certified true copies of their agencys certificate of authority contain only their duly authorized regular plantilla officers and members with actual law enforcement and/or security functions. 14
  18. 18. SEC. 16. Effectivity and dissemination. - This Resolution shalltake effect on the seventh (7th) day after its publication in two (2) dailynewspapers of general circulation in the Philippines. The Education and Information Department shall cause thepublication of this Resolution and shall furnish copies thereof to allRegional Election Directors, Provincial Election Supervisors, ElectionOfficers, the PNP, the AFP and all other law enforcement agencies. SO ORDERED. Chairman V Commissioner I Commissioner M. PADACA Commissioner Commissionercc: Chairman All Commissioners Execulwe Director ~ e p l ~ Executive Director for Operations ty Law Department Education and Information Department

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